Scott

Defendant C. R. Bard, Inc. (Bard), manufactured and sold polypropylene mesh kits to treat women with pelvic organ prolapse. Bard’s product was surgically implanted in plaintiff Christine Scott. Christine Scott suffered serious complications and filed the underlying lawsuit against Bard for personal injuries. Plaintiff Roy Scott, Christine Scott’s husband, sought damages for loss of consortium.

The jury found Bard was negligent and awarded the Scotts $5.5 million in damages. The jury also found that Christine Scott’s surgeon, a nonparty, was 40 percent at fault and the trial court reduced the award accordingly.

On appeal, Bard contends the three negligence theories submitted to the jury were erroneous as a matter of law. Bard alternatively argues that the verdict is not supported by substantial evidence. Bard additionally asserts it was denied a fair trial due to the admission of evidence of postsurgery events, attorney misconduct and juror misconduct. In their appeal, the Scotts argue that the apportionment of fault to Christine Scott’s surgeon cannot stand because it was based on incorrect jury instructions.

The negligence theories were properly submitted to the jury…